SCOTT DALE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that claims that could have been raised on direct appeal are procedurally barred in a motion for postconviction relief. The court also held that ineffective assistance of appellate counsel must be raised by writ of habeas corpus.
Defendant appealed the summary denial of his motion for postconviction relief. He raised four grounds, including discovery denial, exclusion of testim…
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OTT, Judge.
Defendant appeals from summary denial of his motion for postconviction relief under rule 3.850 of the Florida Rules of Criminal Procedure. We affirm.
Defendant asserts four grounds for relief: (1) the trial court erred in denying his discovery request; (2) the trial court erred in refusing to exclude the testimony of a court-appointed psychiatrist; (3) the trial court erred in admitting testimony of prior bad acts committed by defendant as a juvenile; and (4) ineffective assistance of appellate counsel. Defendant’s claim based on ineffective assistance of trial counsel was withdrawn in the trial court.
Allegations (1), (2), and (3) could have been raised on direct appeal and therefore will not support a subsequent claim for collateral relief under rule 3.850. See Palmes v. State, 425 So. 2d 4 (Fla.1983).
The trial court also properly denied defendant’s claim of ineffective assistance of appellate counsel, as the proper method by which to raise this issue is by petition for writ of habeas corpus directed to the appellate court which considered the direct appeal. Irby v. State, 454 So. 2d 757 (Fla. 1st DCA 1984); see generally Smith v. State, 400 So. 2d 956 (Fla.1981).
AFFIRMED.
HOBSON, A.C.J., and GRIMES, J., concur.
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McCULLUM v. State, 498 So. 2d 1374 (Fla. 3d DCA 1986)…e the trial court. This being so, we find it appropriate to treat the instant appeal as a petition for writ of habeas corpus, see [*1376] Smith v. State 400 So. 2d 956, 960 (Fla.1981); Peri v. State, 458 So. 2d 62 (Fla. 3d DCA 1984); White v. State, 456 So. 2d 1302 (Fla. 2d DCA 1984), and grant relief. We are not convinced by the state’s argument that the absence of improper reasons would not have affected the extent of the departure. See Lerma v. State, 497 So. 2d 736 (Fla.1986) (supreme court’s finding that…
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Triola v. State, 464 So. 2d 1312 (Fla. 2d DCA 1985)…453 So. 2d 1102 (Fla.1984); Jackson v. State, 452 So. 2d 533 (Fla.1984); Armstrong. Moreover, any collateral attack alleging ineffective assistance of appellate counsel must be by way of a petition for writ of habeas corpus. Knight; White v. State, 456 So. 2d 1302 (Fla. 2d DCA 1984). AFFIRMED. GRIMES, A.C.J., and SCHEB, J., concur.…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State, 400 So. 2d 956 (Fla. 1981)
- Palmes v. State, 425 So. 2d 4 (Fla. 1983)
- Irby v. State, 454 So. 2d 757 (Fla. 1st DCA 1984)